Judge set to order feds, tribes to work together on new Klamath River flow plan

Sources state a federal judge is set to order that North Coast tribes and two federal agencies work together to develop a new flow plan for the lower Klamath River by early March in order to prevent juvenile coho salmon from becoming infected by deadly parasites.
National Oceanic and Atmospheric Administration — contributed

A federal judge is set to issue an order in the coming weeks for two federal agencies and a group of local tribes and environmental organizations to work together to develop a new water flow plan for the lower Klamath River.

The decision comes after a six-month-long legal dispute over whether government-controlled dam releases on the lower Klamath River were adequate to prevent die-offs of juvenile coho salmon, which are listed as threatened under the Endangered Species Act. Studies by tribal fisheries researchers found that up to 90 percent of juvenile Klamath River coho salmon became infected by an intestinal parasite in 2014 and 2015 — significantly higher than the 49 percent allowed under the agencies’ own biological opinion.

The Hoopa Valley Tribe’s attorney Tom Schlosser said the judge’s statements during the latest hearing on Jan. 27 indicated that he was in favor of the tribes’ argument, which has been calling on the government agencies to develop a new flow plan rather than modifying it to allow more fish to die during dry years.

“He will issue an order in about two weeks,” Schlosser said. “He was not persuaded by any of the government’s motions, which were pretty superficial. He is going to order that steps be taken to bring down the fish mortality this spring. I think he is going to leave it to the parties to try to work out.”

The U.S. Bureau of Reclamation is responsible for controlling flow releases for several dams on the Klamath River. The extent of these flows schedules is based on consultations with the National Marine Fisheries Service.

National Marine Fisheries Service spokesman Jim Milbury said that the judge’s order has not been issued yet, but agreed that the judge indicated the parties would work together to establish a flow plan for all the Endangered Species Act species on the river.

“We’re looking forward to working together with all the agencies to resolve that,” he said.

Bureau of Reclamation spokesman Wilbert “Louis” Moore stated that their agency is still awaiting the order and is reviewing the case, but stated, “Reclamation will carry out court orders and work with the partnering agencies to find a solution.”

Case background

Under a 2013 National Marine Fisheries Service’s biological opinion, up to 49 percent of surveyed juvenile salmon on the Klamath River are allowed to be infected by an intestinal parasite as a result of the Bureau of Reclamation’s dam operations. Should the infection rates climb above 49 percent, the Bureau of Reclamation is obligated to consult with the National Marine Fisheries Service to discuss possible changes of operations.

Advertisement

In both 2014 and 2015, tribal fisheries scientists found that around 90 percent of juvenile salmon were infected by the intestinal parasite. The bureau consulted with the National Marine Fisheries Service as obligated, but it was the service’s response that prompted last year’s lawsuits.

The response letter in March 2016 stated that the high parasite infection rate of coho salmon is “expected” during dry years and therefore does not require an immediate change in river management.

This letter prompted the Hoopa Valley Tribe to file a lawsuit against the two agencies alleging that they were violating the Endangered Species Act. The Yurok Tribe, the Pacific Coast Federation of Fishermen’s Association, the Institute for Fisheries Resources and Klamath Riverkeeper followed suit in December and filed a second lawsuit against the agencies.

Schlosser stated that the federal agencies did increase flows on the river in 2016, which he said was effective enough to keep the infection rate below 49 percent, but only just.

“They barely made it under the wire with 48 percent morality,” he said.

However, Schlosser said there were no plans to increase flows on the river this year.

“They were proposing to do nothing beyond what’s in the 2013 biological opinion,” Schlosser said. “At this point, it’s looking like it could be a wet year. It could be at least an average water year. They may be able to take some steps without any difficulty whatsoever as they did in 2016.”